BILL ANALYSIS Ó
AJR 19
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Date of Hearing: June 18, 2013
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Al Muratsuchi, Chair
AJR 19 (Pan) - As Introduced: April 30, 2013
SUBJECT : Veterans' benefits: reinstatement.
SUMMARY : This measure urges Congress and the President to
reinstate benefits to those veterans discharged from the Armed
Forces of the United States solely on the basis of their sexual
orientation. Specifically, this measure states that the Assembly
and the Senate of the State of California jointly resolve:
1)To urge Congress and the President to reinstate benefits to
those veterans discharged from the Armed Forces of the United
States solely on the basis of their sexual orientation; and
2)To direct that the Chief Clerk of the Assembly transmit copies
of this resolution to the President and Vice President of the
United States, to the Speaker of the House of Representatives,
to the Majority Leader of the Senate, and to each Senator and
Representative from California in the Congress of the United
States.
EXISTING LAW : Until September of 2011, homosexual conduct was a
basis for discharge from the United States military under United
States code. From December 21, 1993, to September 20, 2011, a
policy was in place known as "Don't Ask, Don't Tell" (DADT).
DADT prohibited military personnel from discriminating against,
harassing, or discharging closeted homosexual or bisexual
service members or applicants, while barring openly gay,
lesbian, or bisexual persons from military service.
Following the repeal of the legal prohibition on homosexual
conduct and of DADT in 2011, the United States Department of
Defense adopted a policy that allows homosexual persons to
openly serve in the United States armed forces.
Veterans separated with a dishonorable or bad conduct discharge
from the military under the "Don't Ask, Don't Tell" policy or
its predecessor policies are ineligible to receive most or all
California and federal veterans' benefits. In general, veterans
separating with honorable discharge characterizations are
eligible (assuming other relevant criteria are met for the
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benefit type) to receive all veterans benefits, and there is a
continuum of decreasing eligibility as the discharge
characterization approaches dishonorable.
Section 711.1 of the California Military and Veterans Code
provides that if the federal government acts to reinstate
benefits to discharged veterans who were denied those benefits
solely on the basis of sexual orientation serving in the Armed
Forces of the United States, the state shall also reinstate to
those veterans any state-offered benefits.
FISCAL EFFECT : This measure is not keyed fiscal.
COMMENTS : In 1949, the US Department of Defense issued a
memorandum stating that: "homosexual personnel, irrespective of
sex, should not be permitted to serve in any branch of the Armed
Services in any capacity, and prompt separation of known
homosexuals from Armed Forces be made mandatory."
According to the Author:
From 1980 until the repeal of Don't Ask Don't Tell in 2011,
over 32,000 service personnel were separated from the Armed
Forces of the United States under DADT and its predecessor
policies. Because these discharges were sometimes
characterized as "dishonorable" or "other than honorable,"
many of these service personnel and their spouses became
ineligible for veterans benefits.
Generally, veterans separated from the military with a
discharge that is characterized as "dishonorable" or "other
than honorable" are ineligible to receive federal or state
veterans' benefits, including applicable spousal benefits.
According to the California Research Bureau:
13,152 active duty service members were separated from
service between 1994 and 2009 for "homosexual conduct."
These discharges were characterized as follows:
Honorable: 6,794 (52%)
General (under honorable conditions): 1,135
(9%)
Under other than honorable conditions: 382
(3%)
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Bad conduct: 6 (0%)
Uncharacterized or entry-level: 4,341 (33%)
Unknown or not applicable: 4%
The measure uses the formulation, "solely on the basis of sexual
orientation." This language addresses the situation where there
were multiple bases for a discharge. For example, in the course
of investigating and processing a discharge for some event
properly categorized as dishonorable or as bad conduct such as
assault or battery, homosexual conduct was also discovered and
charged. It is impossible to guess at all the permutations of
discharges with mixed bases; this measure does not attempt that,
instead it draws the line at those discharges solely on the
basis of sexual orientation.
REGISTERED SUPPORT / OPPOSITION :
Support
The American Military Partner Association
Equality California
Sacramento Valley Veterans
Opposition
None at this time.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550